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Kyle Cheney Profile picture
@kyledcheney
Jul 15, 2024 • 6 tweets • 3 min read • Read on X
BREAKING: Judge Cannon has dismissed the Trump documents case, citing violation of appointments clause: Image
Cannon has issued a 93-page opinion. Details TK: storage.courtlistener.com/recap/gov.usco…
Cannon says Jack Smith's appointment usurps legislative power. storage.courtlistener.com/recap/gov.usco…
Image
NEWS: Smith can appeal Judge Cannon’s dismissal of the case. His office has not indicated its intention yet.

politico.com/news/2024/07/1…
Image
MORE: Cannon observes that Jack SMITH's team had asked her for a chance to brief her on remedies other than dismissal if she was "seriously entertaining" invalidating his appointment.

Cannon said he didn't ask soon enough. politico.com/news/2024/07/1…
Image
FWIW: I was in Judge Chutkan's courtroom for a routine Jan. 6 proceeding minutes after the Florida decision came down. She didn't make any allusions to it. Chutkan is still awaiting return of the Supreme Court immunity decision before she can resume her own Trump case.

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More from @kyledcheney

Kyle Cheney Profile picture
Aug 25
HAPPENING NOW: Judge Xinis is leaning toward issuing another restraining order to block Kilmar Abrego Garcia's immediate deportation to Uganda at least through this week — she wants an evidentiary hearing on Friday.
XINIS says law may require Abrego's deportation to his country of choice, given that Costa Rica has indicated a willingness to accept him, give him refugee status and vow not to re-deport him to El Salvador.

Uganda, where administration plans to send him, has made no promises.
XINIS emphasizes that she has serious concerns about the claim that DOJ pressured Abrego into a guilty plea by offering him deportation to Costa Rica — and threatening deportation to Uganda if he refused.

DOJ's Drew Ensign says Abrego's deportation is not "imminent," given pace of third-country removals.
Read 7 tweets
Kyle Cheney Profile picture
Aug 15
AND WE'RE UNDERWAY: Judge Reyes has taken the bench to consider DC's emergency bid to block Trump's takeover of the city's police department.
REYES notes the attack on DOGE employee Ed Coristine and the prior claim by Trump + allies that crime in DC has been significantly down this year before deciding there was a national emergency.

But she says she will assume, for today, that the emergency claim is legit.
Arguing for DOJ: Yaakov Roth, principal deputy assistant attorney general of the Civil Division.
Read 10 tweets
Kyle Cheney Profile picture
Aug 11
HAPPENING NOW: President Trump's deployment of the military into L.A. is on trial before Judge Breyer, who will decide whether the effort violates the Posse Comitatus Act.

First witness: Army Deputy Chief of Staff William Harrington.
Lawer for Newsom now underscoring that leaders of the federalized National Guard troops were generally trained to be aware of Posse Comitatus Act and the strict limits it puts on their domestic law enforcement activity.
Newsom's lawyers now eliciting testimony about all of the operations Guard troops participated in during deployment in LA, including 2 against marijuana farms in Mecca and Camarillo

Also, Harrington confirms HEGSETH directly approved guard role in operation in MacArthur Park.
Read 7 tweets
Kyle Cheney Profile picture
Aug 11
BREAKING: Judge Engelmeyer has *denied* the Trump administration’s bid to unseal Jeffrey Epstein grand jury material. storage.courtlistener.com/recap/gov.usco…Image
ENGELMEYER says the Trump administration’s claim that they wanted to release the Epstein grand jury records to shed new light on the case is “demonstrably false.” storage.courtlistener.com/recap/gov.usco…Image
MORE: Engelmeyer says he reviewed the grand jury material and confirmed there is virtually nothing in it that isn’t public already. It would “not reveal new information of any consequence.” storage.courtlistener.com/recap/gov.usco…Image
Image
Read 6 tweets
Kyle Cheney Profile picture
Aug 5
NEW: Donald Trump may be off the hook for his alleged crimes, but his allies are still facing charges in five states — including a case against fake electors that goes before Nevada's Supreme Court tomorrow

A look at the zombie cases and what comes next. politico.com/news/2025/08/0…Image
In Arizona, where Trump allies like Mark Meadows, Rudy Giuliani and John Eastman still face prosecution, AG Kris Mayes is fighting to salvage her grand jury indictment or else go back to the drawing board.

An appeals court is likely to rule in late summer
politico.com/news/2025/08/0…Image
In Georgia, Trump is still technically a defendant but is unlikely to ever see the inside of a courtroom. The case is also a trainwreck, frozen by questions about prosecutorial misconduct that must be resolved even before thorny are resolved. politico.com/news/2025/08/0…Image
Read 6 tweets
Kyle Cheney Profile picture
Jul 24
NEWS: Trump has withdrawn Alina Habba's nomination to be US attorney in New Jersey, part of a multistep maneuver intended to keep her in the position as acting US attorney beyond an initial Friday deadline.
Here's how it works:

1) Habba resigns as interim US attorney, ahead of a Friday deadline
2) Trump withdraws Habba's nomination to take the job permanently
3) AG Bondi appoints Habba First Assistant US attorney
4) Habba automatically becomes acting US attoreny bc of the vacancy.
The reason Trump has to withdraw her nomination is because the Federal Vacancies Reform Act prohibits the nominee for a Senate-confirmed office from holding the post on an "acting" basis.
Read 5 tweets

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